Ministry of Training, Ministère de la Formation Colleges and Universities et des Collèges et Universités Private Career Colleges Branch Direction des colleges 9th Floor, Mowat Block privés d'enseignement professionnel 900 Bay Street 9e étage, édifice Mowat Toronto ON M7A 1L2 900, rue Bay Toronto ON M7A 1L2

RESTRAINING ORDER

By Email bcttraining@yahoo.com), fax (905-791-5658) and courier December 8, 2010 Best Canadian Truck & Forklift Training Centre Inc. known as Best Canadian Truck & Forklift Training Centre and/or Best Canadian Truck Heavy Equipment School and/or Best Canadian Truck Training 26 Automatic Road Brampton, ON L6S 5N7 and 3062 Harold Sheard Drive Mississauga, ON L4T 1V3 Attention: Rajinder Kaur Thind and Karnail Singh, Directors This is a Restraining Order issued under s. 46(1) of the Private Career Colleges Act, 2005 (“Act”). As the Superintendent of Private Career Colleges, I believe that Best Canadian Truck & Forklift Training Centre Inc. known as Best Canadian Truck & Forklift Training Centre and/or Best Canadian Truck Heavy Equipment School and/or Best Canadian Truck Training (“School”) has contravened the Act and/or regulations, and I order the School to stop contravening the following provisions of the Act and/or regulations:

• advertising an unregistered private career college and unapproved vocational programs that require approval, in contravention of section 11 of the Act; and

• holding yourself out as the operator of a private career college unless you are registered; in contravention of section 7 of the Act.

Detailed reasons in support of my decision to issue this order are found in Schedule “A”, attached. Failure to comply with this order may result in any or all of the following further enforcement actions: • Application for an order from the Superior Court of Justice; • The issuance of further Administrative Monetary Penalties; and/or • Prosecution for offences under the Act. Upon conviction by a court,

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o A corporation is subject to a fine of up to $250,000; o An individual is subject to a fine of up to $100,000, a prison term of up to one

year, or both; and o An officer or director of a corporation, who concurs in the commission of the

offence, is subject to a fine of up to $25,000, a prison term of up to one year, or both.

You must provide written confirmation signed by a person with authority to bind the School, together with all available supporting evidence, that the steps outlined below have been taken. This written confirmation must be delivered by December 15, 2010 by registered mail or courier to my attention and confirm that you:

• have stopped advertising an unregistered private career college and unapproved vocational programs that require approval; and

• have stopped holding yourself out as the operator of a private career college unless you are registered.

If the school is currently offering or providing vocational programs for a fee without being registered and without the program having the approval of the Superintendent, these actions would be contrary to section 8 of the Act. The school would then be required to immediately take the steps outlined below in this order to comply with the Act: Specifically, the school must:

• stop providing unapproved vocational programs that require approval; • stop enrolling students into unapproved vocational programs that require

approval; • provide the ministry with a list including the names and addresses of all current

and former students; • not hold, directly or indirectly, any monies owing to current, former, or

prospective students of unapproved vocational programs that require approval; • hold student files to be available for the Superintendent’s staff to review; and • not reopen as a Private Career College until such time, if any, as it has been

registered. As noted above, the applicable legislation is the Private Career Colleges Act, 2005 and the regulations made thereunder. The legislation and regulations are available at www.e-laws.gov.on.ca. If you are unable to access any relevant information on e-laws, you may contact our offices at (416) 314-0500 to request that a copy of the legislation and regulations be sent to you.

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Pursuant to sections 49(2) and 49(6) of the Act, this order is published on the Ministry of Training, Colleges and Universities’ website. Kindly govern yourself accordingly, ORIGINAL SIGNED BY Noah Morris Superintendent of Private Career Colleges Attachments: Schedule A – Detailed Reasons for Decision

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Schedule “A”

Detailed Reasons for Decision OPERATION "Brake Down" Pursuant to subsection 23(1) of the Private Career Colleges Act, 2005 (“the Act”), private career colleges that offer commercial driver programs which lead to commercial driver licensing examinations, governed under the Ontario Regulation 341/94 Driver Licence Examinations of the Highway Traffic Act, must have the programs approved by the Superintendent of Private Career Colleges. In response to a concern about unapproved commercial driver programs, and their potential impact on public safety, Operation "Brake Down" was launched. Its purpose was to identify illegal operators offering unapproved vocational programs that require approval under the Act and to take the necessary enforcement action against them. This institution was identified as part of this operation. The Superintendent has issued this order based on the following findings and supporting facts and evidence: Contravention of section 11 of the Act – Restrictions on Advertising and Soliciting On October 27, 2010, a Designate of the Superintendent of Private Career Colleges (“Designate”) reviewed two websites belonging to Best Canadian Truck & Forklift Training Centre Inc. known as Best Canadian Truck & Forklift Training Centre and/or Best Canadian Truck Heavy Equipment School and/or Best Canadian Truck Training (“the school”). The first website (http://bestcanadiantrucktraining.com/) is for “Best Canadian Truck & Forklift Training Centre.” The school’s website specifies that the school is located at 26 Automatic Road in Brampton. The telephone numbers provided on the website are 905-799-7333 and 416-670-3173 (cell) and the fax number is 905-791-5658. The name Kranail Singh appears on the website beside the telephone numbers and fax number for the school. AZ, BZ, CA, DZ and forklift training are advertised, but as programs for which a fee of less than $1,000 is charged. At the bottom of the website, the words “Best Canadian Truck Heavy Equipment School” is also provided. The second website (http://bestcanadiantrucktraining.yolasite.com) is for “Best Canadian Truck Training,” although another portion of the website refers to “Best Canadian Truck & Forklift Training Centre.” This school’s website specifies that the school is located at the exact same address as “Best Canadian Truck & Forklift Training Centre,” namely 26 Automatic Road in Brampton. The same telephone numbers 905-799-7333 and 416-670-3173 (cell) and the same fax number 905-791-5658 are provided. This website advertises AZ, BZ, DZ and full Forklift Training, but no prices are advertised on the website for the AZ training. However, the webpage advertising on the “Services” webpage states “Unlimited lessons for truck.” A screen shot of the “Services” webpage is provided here:

Both websites also provide a photograph of the exact same truck with the words “Best Canadian Truck Driving School 416-670-3173” on the side. A screen shot of the photograph of the truck is provided here:

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Based on all of the similarities provided on the two websites (same address, phone number, fax number, trucking courses and photograph of truck), the Designate came to the reasonable conclusion that the website advertising for both websites represents the same school.

“Best Canadian Truck & Forklift Centre” is also advertised on the Watno Paar Punjabi website (http://www.watnopaarpunjabi.com). The advertisement lists the same telephone number (416-670-3173), the same contact name (Bhai Karnail Singh) and a photograph of what appears to be the same truck as appears on the two websites belonging to the school. However, this advertisement lists a different address for the school (1600 Clark Blvd, Brampton, ON). On October 27, 2010, a Designate telephoned the school at 905-799-7333, the number provided on both of websites belonging to the school 7

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(http://bestcanadiantrucktraining.com/ and http://bestcanadiantrucktraining.yolasite.com) and spoke to Karnal Singh, who identified himself as the owner of the school. Mr. Singh confirmed to the Designate that it was the school the Designate was calling.

Mr. Singh advised the Designate that he offers the following trucking programs:

• AZ consisting of 10 lessons and one road test for $1,200. Each lesson lasts an hour and 10 hours total are spent on the road;

• “Unlimited (AZ) lesson up to pass” including two road tests for $2,000. Thirty lessons in the truck is the minimum and sixteen in class hours are included. Each lesson lasts an hour, with one hour per day spent in the truck for thirty days. Students must pay $75 for the road test. (46 hours minimum);

• DZ consisting of minimum twenty hours on the road and sixteen in class hours for $1,000; and

• Forklift course for $200.

AZ truck training corresponds to National Occupational Classification (NOC) code 7411 –Truck Drivers.

Based on the preceding information, the AZ course at minimum of 46 hours in duration at a fee of $2,000 fits the definition of vocational program requiring the approval of the Superintendent according to the Act. Since Best Canadian Truck & Forklift Training Centre Inc. known as Best Canadian Truck & Forklift Training Centre and/or Best Canadian Truck Heavy Equipment School and/or Best Canadian Truck Training is not registered and this vocational program is not approved, advertising of same is prohibited in accordance with subsections 11(1) and (2) of the Act, respectively. Contravention of section 7 of the Act – Prohibition against operating a private career college On October 27, 2010, a Designate telephoned the school at 905-799-7333, the number provided on both of websites belonging to the school (http://bestcanadiantrucktraining.com/ and http://bestcanadiantrucktraining.yolasite.com) and spoke to Karnal Singh, who identified himself as the owner of the school. Mr. Singh confirmed to the Designate that it was the school the Designate was calling. Mr. Singh advised the Designate that he offers “Unlimited (AZ) lesson up to pass” including two road tests for $2,000. Thirty lessons in the truck is the minimum and sixteen in class hours are included. Each lesson lasts an hour, with one hour per day spent in the truck for thirty days. Students must pay $75 for the road test (46 hours minimum).

Under subsection 7(2) of the Act, no person shall hold themselves out as the operator of a private career college unless the person is registered. Based on the fact that Karnal Singh identified himself as the owner of the school and described the unapproved AZ vocational program at the school, Best Canadian Truck & Forklift Training Centre Inc. known as Best Canadian Truck & Forklift Training Centre and/or Best Canadian Truck Heavy Equipment School and/or Best Canadian Truck Training is in contravention of subsection 7(2) of the Act.

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Background i) Legal and Operating Names

An ONBIS search conducted on October 27, 2010 shows that Best Canadian Truck & Forklift Training Centre Inc. was incorporated as an Ontario corporation on July 30, 2009. The registered office and principal office address in Ontario is in the care of Rajinder Kaur Thind at 3062 Harold Sheard Drive, Mississauga, ON L4T 1V3. There are no business names registered for this corporation. Karnail Singh is listed as a Director at the same address. Rajinder Kaur Thind is also listed as a Director at the same address. An ONBIS search conducted on October 27, 2010 produced no corporation record or business names record for “Best Canadian Truck Heavy Equipment School.”